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STATE EX REL. PORTLAND HABILITATION v. PSU

(CC 091116135; CA A144837; SC S059698).

292 P.3d 537 (2012)

353 Or. 42

STATE ex rel PORTLAND HABILITATION CENTER, INC., Petitioner on Review, v. PORTLAND STATE UNIVERSITY, Respondent on Review, and Aramark Management Services Limited Partnership, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 13, 2012.

Attorney(s) appearing for the Case

Paula A. Barran , Barran Liebman LLP, Portland, argued the cause for petitioner on review. With her on the brief was John B. Dudrey .

Roy Pulvers , Hinshaw & Culbertson LLP, Portland, argued the cause and filed the brief for respondent on review Portland State University.

George S. Pitcher , Williams, Kastner & Gibbs PLLC, Portland, argued the cause for respondent on review Aramark Management Services Limited Partnership. With him on the brief were Eric J. Neiman and Rachel A. Robinson .

LINDER, J.

This case requires that we resolve a purported conflict between two statutes relating to the issuance of a writ of mandamus: ORS 34.110, which precludes issuance of a writ of mandamus if the relator has a plain, speedy, and adequate remedy in the ordinary course of law, and ORS 34.130(3), which states that a writ of mandamus "shall be allowed" by a court or judge on the petition for the writ. After plaintiff1 filed in the circuit...

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